A Texas appeals court finds that a paralegal working for an attorney as an independent contractor is an employee within the meaning of the state probate code and accordingly all devises and bequests to the paralegal in a will drafted by the attorney are void. Jones v. Krown (Tex. Ct. App., 2nd Dist., No. 2-06-138-CV, Jan. 25, 2007).
Attorney John Corbin prepared Michele Zorn's last will and testament. The will named Tilde Jones, a paralegal working out of Mr. Corbin's office, as executrix of the estate and as a beneficiary. After Ms. Zorn died, Linda Krown, Ms. Zorn's sister and heir at law, filed a motion asserting that pursuant to Texas probate law, which voids all gifts and bequests made to employees of a will's drafting attorney, all devises and bequests to Ms. Jones were void. The trial court agreed.
On appeal, Ms. Jones argued that as an independent contractor not receiving benefits and having the freedom to come and go as she pleased, she was not an employee within the meaning of the probate code.
The Texas Court of Appeals for the Second District affirms, finding that the evidence demonstrated that Mr. Corbin paid Ms. Jones for legal services she performed in his office and that under a plain meaning of the word and the language of the probate code, she was his "employee." The court finds it irrelevant that Ms. Jones was not present during the creation or execution of the will or that no evidence was presented showing she sought to obtain a portion of the estate.
For the full text of this decision, go to: https://www.2ndcoa.courts.state.tx.us/opinions/HTMLopinion.asp?OpinionID=18247.
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